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2]  "if  the general impression conveyed is false, the most punctilious and scrupulous accuracy in immaterial minutiae will not render the representations true. "That is,  Attempting to  prove it otherwise, would only mean that 'the Devil is quoting the Scriptures'.

3] MRTPC does not consider it fair to advertise " unsubstantiable or yet to be proved" Claims

Now, with the above parameters, examine the fight details given below, between Colgate and Hindustan Lever and make your own judgement of that as well as my views. Both have attempted to fool the public. That is very clear because they washed the linen in public and some facts came out

The baseless claim : Hindustan Lever  promoted its New Pepsodent Tooth paste  in 1997 with the
claim that it has "102%" anti-bacterial activity compared to any other ordinary tooth paste.

Colgate with the way the message was advertised, rightly pointed out that by ordinary tooth paste, Lever was targeting its Colgate Dental Cream in particular. Colgate Palmolive hauled up Hindustan Lever before Monopolies and Restrictive Trade Practices commission, [MRTPC] New Delhi. The Justices issued an injection against Hindustan Lever. The case number is Unfair Trade Practices Enquiry No 405 /97.

' MRTPC orders halt to "102%" Ad campaign to protect Consumers' interest' is the headline of the advertisement, released by Colgate, when MRTPC issued the injunction against Hindustan Lever. Colgate advertised this Injunction with some details in the print media. Some paras/contents from that advertisement are as below

Pepsodent got a reasonable share in the tooth paste market perhaps after nearly 30 years  - with a false / questionable claim.

This injury caused to the public in general can hardly be compensated in terms of money, as the feeling of being duped cannot be evaluated in monetary terms. This observation is against Hindustan Lever.

We therefore think it is necessary at this stage to injunct the respondent from directly or indirectly making any reference to Colgate in its TV commercials or newspaper advertisements or hoardings for claiming anti-bacterial superiority of its toothpaste products. 

We think it is also necessary to injunct the Respondent [Hindustan Lever] from referring to any specific quantum of anti-bacterial superiority in terms of any specific percentage figures of its product over any other product till its claim of such anti-bacterial superiority is fully established."

Let us have some more particulars about this ongoing fight between these 2 companies. The details are from Times of India, Ahmedabad,  published perhaps on 14th July 1998.

Hindustan Lever [HLL] has taken Colgate to the MRTPC now. "The war of a toothpaste's supremacy through numbers is challenged by HLL .  HLL has argued that by claiming " two and half time more effective protection against germs, Colgate is de facto making a claim of 250% per cent better protection and anti-bacterial superiority.

HLL has alleged that this violates the law laid down by the MRTPC during November 1997, in a dispute between the two companies" [ law and not ruling is the term used by HLL, if that suits them ! ]

Colgate commits the same mistake, earlier made by Hindustan Lever of making an excess claim - 250%. What ethical standards ! You informed the Indian Public of having been wronged and you now brazenly, fool them - You are also cheap is what you admit in a way.

And Lever landed a solid punch

" HLL has claimed that the level of Xylitol in CDC -DP [ Colgate Dental Cream - Double Protection] is merely 3% percent, which it argues is lower than 10 percent level required for efficacy."

" This is clear from a paper published by Colgate's own scientists which states that the concentration of 10 percent Xylitol is clinically effective in conjunction with fluoride for tooth decay benefits" the complaint allege, adding that there is no published evidence of efficacy of Xylitol in the absence of Fluoride.

And the Press Coverage: wonderful.  " In a written response to queries from this paper, ......" - that is Times of India for you.  ...HLL had based its claim for 102% anti bacterial efficacy for New Pepsodent on Triclosan

But as the product does not have both the ingredients needed for such capacity, Lever punches a knock out, quoting Colgate's own Research Reports. Lever wins this round. 

Colgate, to the best of recollection, is advised against using the term "Suraksha Chakra" around the name of Colgate Dental Cream, as it was doing for ages. There used to be a ring around the Colgate toothpaste name earlier

Now do you get that ? Both Colgate and Lever are household names. They are reputed Companies. But for the mud slinging between them, we would not have heard the above details. 

Both are guilty of the crimes that they have levelled against one another 

In the Advertisement, HLL, presents " Medical Technologists Association" as if it is an authentic knowledgeable, certifying authority. Who are this certifying authority ? They do not say that really.

As Doctors cannot openly certify or advertise any Pharmaceutical or Cosmetic product, this certification has no value or authenticity. Any person who mixes a toothpaste is a Technologist.

A basic Tooth paste can be formulated by you and me with a simple formula from a Formulation book. We can assemble 10 of our friends. Each one can make a simple variation. We can call ourselves Technologists and form an Association tomorrow called ' Indian Dental care Association' if there is no outfit with that name. It is so simple. 

But the advertisement emphasises that to imply that it is a honourable, ethical and well recognised outfit. But if it comes to a fight, they say that efficacy of Xylitol is not supported by authentic Medical Evidences. Did the Clinic Shampoo advertisements of 1993 had medical support ? 

If Colgate forms or say, there is one Dental Technologists Club, in Sikkim, that approves Colgate Dental Cream, that would not be acceptable evidence by HLL or in the court of law. Why then HLL is using such a forum's name to promote a product. It is a misdirection.

2] Let us turn back to Colgate. If HLL's case against Colgate with MRTPC is truthful, then as HLL says Colgate has used less percentage of Xylitol and that too, without Fluoride, and claiming 250% better efficacy compared to an ordinary tooth paste.

What is an ordinary tooth paste ? who defines it and how ? You cannot just mix Calcium Carbonate, Sorbitol, CMC, SLS with water to make it a paste and claim it as an ordinary tooth paste! They do not define the base over which they  claim the Superiority in performance.

To me, the lack of honesty and truth, which Supreme Court emphasises, is lacking in Colgate's claim

Press: " In a written response to queries from this paper, ..........." That is Times of India for you, the largest circulated English daily in India. What did they do ? nothing. They just reported dutifully the version of the company referred. Matter closed, it is a stale news in 24 hours.

For the Tooth Paste, Times pried a bit. What about the TFM reduction in Toilet Soaps reported by Business World ? Not a single daily or magazine followed up the matter. 

What do you do ? Trust in God and wash your mouth and body with available pastes and Soaps

So Indian Medical Association cannot be an association of Medical Professionals though it sounds like one. 

For example, ground oil contains infinite times more Vitamin E than water. But it means nothing - using facts to mislead / misguide is also wrong.

Vitamin E is essential or nourishes the hair to health is implied but it is not so. Vitamin E can be made synthetically to any extent since several decades - 1952 or so. 

I saw in 2003 special pink capsules of Vitamin E from Merck. These are sold through beauty parlour / saloon trade channels. How many did it help ?  Hardly any !

If it is very effective, Merck has the Managerial, Financial and Distribution muscle to make it a Multi Billions Dollar sales product.  Merck knows that well. Otherwise, where was the need for Propecia ?

Pepsodent has captured good Market Share now - around 17% or something in 2002. So Colgate actually lost in Kurukshetra - the market / amongst the public

Playing with the Health of the Children:   As per my recollection, Some Western companies hastily dumped the left over stock as well, in India. The damage was done. The Future Generation  paid the Price for the folly of the Present. The Companies played with the Health of the Children - for their sales and profits !

The Government of India belatedly banned such advertisements much after the West took the lead. So please be not under the impression that Government will act in time.  Blaming the

1]      The Regulating Authorities for their negligence

2]      The Companies for their Unethical approach

3]      The Public for their muteness and ignorance.

does not really help - especially the sufferer.

Bhopal Gas Tragedy victims have not been compensated, even with money, till 2008